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Parcel 709 PROJECT: 60001 PARCEL No(s): 709 FOLIO No(s): 30806000287 f ':i ';\; >--)(;'.. ;"',--,UJ{T''': ,~-.,--: '/,' . . ,} /,),,\!<. - , i, '1L . 2D0.9 f-'--, . v " '.) . ,.v -., "1" \w ~. ,'. ,'" .. 11. c::':; TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter . referred to as the "Agreement") is made and entered into on this 1l- day of ::rcl?t\l(l,"~ ,20~, by and between REGIONS BANK, an Alabama state banking corporati ,successor by merger to AMSOUTH BANK, an Alabama state bank, whose mailing address is 250 Riverchase Parkway, Suite 600, Birmingham, Alabama 35244 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, the Purchaser requires a Temporary Construction Easement for over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as "TCE"); and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated I~t~ purposes, on the terms and conditions set forth herein,; and -->L~ " ++. I h ,,-, L9rrt IY) I'. >c: -Ior'VYl 0 C{( hec pr-e IV WHEREAS, the Purchaser has agreed to compensaJe tfI8w~~t ~ conveyance of the TCE. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TCE to Purchaser for the sum of $ 13,500.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). 'Satct p:aymSr.:Jt to QV'rler, p2ya13/e b) Cvullly vVClIlc.tnl, til.all be full GOlllpellbaliul1 for rhe l:G~ ("on\l~~/od, ir:l~lblejrl~ all laAG1ssaJ3iA~, trees, 3RfUbs, ilTl~fe~rnt!l,t!, d.1,d fixtLJn~a loc3tes tt:ler:eoll, a'ld ;:tllall IJg ;11 f~1I f\Md final aattl~lllellt of 41lY dalllaQ~b reEulting tg O\^mOrl~ r9~aiAiAg land.!, GO!tJ to cure! 61lJ ClII other EJaffia~es in- f"nnnQction '"it~ ("Q!=tHsyaAee of !A;J Tee t6 rurehasor, iACludifl@' all attorAcY3' files, <>Xpilrt IA1itn""" f9iS aRe C~!ts Q" jJ,vv;ded fer ill CRapler 73, r1VI ;Ud SlarUles. @; ~f 3. .pr.ior tQ C'ls5:ing, OWAer JI.all obtaiR freFA tRG I.olde. 0) vr allY lit::II;::', gM"eptions ~nrl/nr qlJalificatinnQ ~ncumbQr:if.lg thg TC'E, thA AXA~lItion nf C::llch iAstrblFRSntG whi("h '!Jill f'emGl':e, release OJ !ubo,diAste 81::18R sRcYmb~r16e~ from tl:1i Tee l::Ipon t~gir reeerelil\!j il'l tRe I'l:Iblie reeerels af Callier OOl:lnt), r1erielB. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: IcPf@ (a) Temporary Construction Easement; (b) Closing Statement; ee) GraFltw'li Non ForeiQIl, Taxpay~r IdenlificalioA and "Gap" Aff~ IcAf@ (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur ~ithin thirty (30) days from the date of (;) execution of this Agreement by the Purchaser; provided, however, that Purchaser lul l,gfj shall have the unilateral right to extend the term of this Agreement~GFleli,",,, I"<.;,,;,,t -fi;),- of ~l1ch initrblmSr:lt'i, properly exectltGeJ, '/ihie~ eitMGI' remeve sr relC636 a~ and all a p:.?r/CK::/ i'lch Fer:li, Qr:Jcumbrar:lC9i gr EflJalifisatieAs affecting PUld"'~l:" ~ eClluYII,e.nt ef the t= ero TeE, At Closing, payment shall be made to Owner in that amount shown on the 0 "'-. Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing W cI <j;j5 (,.(PO~ (~ Documents to Purchaser in a form acceptable to Purchaser. -I-,rOIIICn nohc 3! I~ wner \rJ~ 5. Owner and Purchaser agree to do all things which may be required to give effect l-h' - to this Agreemen!iiR'lFReaiately as such requirement is made known to them or {IJ I t \ y'\ ,9i L lney are requested to do so, whichever is the earlier. rea !;;0110 I} If TjMU CU'lc:. r- 6. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the TCE shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the TCE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) 'FRere ale Ae FRaiAteAaRse, c:onilr'lclion. "rlv"rti"ing. mat1a~ement, ~,1JA leasing, em"h'~rnent, llel .;,,, 01 011 ,.:\, cOntracts "rr..cllng me TeE. W (f) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by Purchaser. all uses of the said property, have been and presently ar mpliance with all Federal, State and Local environmental ,at no hazardous V t, /J substances have been generated, stor eated or transferred on the f-A-J- property underlying the TCE as specifically disclosed to the @ Purchaser; that the Own s no knowledge of any spill or environmental law violation on t operty contiguous to or in the vicinity of the TCE to be sold Purchaser, that the Owner has not received notice and any XIS Ing iJ (.\;) / property underlying the TCE; or c , proceeding or lwr 'iJ'7 investigation regarding the n, storage, treatment, spill or transfer of hazardou nces on the property underlying the TCE. This p. shall survive Closing and is not deemed satisfied by conveyance 7. Purchaser shall pay all fees to record any curative instruments required to clear tille, all TCE recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. -In a"o, dall(;tl wllh me /J prnvi"inn" nf Sl91:tign 291.81, Flurlua Statui"", vu"",,"dng payment of Ic6Y~ documAn\ary stamp taxes by Pl,lfef:1ssor, O.....ner stlall fu.thtll [Jay ad documellLa'y . ~tamn t:=tXA~ rA'lllirArl nn th9 iRitrwmoAt(s) of tlAII!fel, ulllt:;O):) It'lIS t:asemenlb ;:J~ql,irQd l:Jfldl;;:;1 UH~(11 ur vVlldemRation. 8. Owner agrees to grant the TCE for the purpose of constructing public facilities adjacent to this area. This TCE shall expire on October 1, 2009. In the event that the construction of the public facilities has not been completed by October 1, 2009, the Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall grant a one (1) year time extension until October 1, 2010 for the completion of said construction. Owner shall be provided with a copy of the recorded Notice of Time Extension. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the property underlying the TCE in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the TCE before the TCE held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. Conveyance of the TCE, or any interest in the property underlying the TCE, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 12. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity, 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DA TED:-R:.l.I:- Q'i( ~ .. 'C."" ',", ATTEST: ~ '.".. DWIGJ;iT ~. BROCK, Clerk , - BOARD OF COUNTY COMMISSIONERS COLLIER C NTY, FRIDA . CU~ , /e./ '1 .' tL..f---" . ess (Signature) ~?Iti), lItfr;; f,crt::/" Name (Print or Type) REGIONS BANK, an Alabama state banking corporation BY -1u ;2, ~ Ke:7i 6 !?rs,L Print Name J ~;~ VlLL-IJJ,cl-l Title Approved as to form and legal sufficiency: h/-- ~~ -'Ellen T. Chadwell Assistant County Attorney -' r:: _lof- ...~ i f,!,,"~,j, 1.~I~j05 , ';:', cjl!b.~: '1~4t._bfF l"r; r. i I .. "~~-,~",,,'".''''''' Parcel 709 LOT 10 I ri (1 -J~ I ~~ I u2 i ---- 25' & I I 1 I 1 L,B,E. --J I O,E, I I I I I I I 1 I 1 1 1 f-i I I L4 1 tI) Ol I a:: Us: '-', cia:: > - -JtI) o:JN a:: W ::; -J o U wf").,...., ~~'1 _n" '" 50" o ZeIlUl ~+.. t5 650: UJQ. LOT II I / 7' S,E, I O.R. Book 2124 Poge 160 I I 25' L.B.E. & O,E. I I I <01 q, ~I ~I l..a.I !or ~' ~ . 10 ~I '" ='1 b ~I 0 bl Z 01 "'I 8' LOT 12 ;". o .,: o N UJ !or ~ " '" b o Z PARCEL ----70-9 POC 25.03' S88'08'31"W POS CUL rURAL PARKWAY 120' R/W LEL Y RESORT PHASE TWO - I'IJi'F BOOK 1 , . - - P,6;G"ES- 40-40 - I I I' N LINE TABLE LENGTH 8.01 8,01 LINE L39 ,L40 BEARING S88'08'31"W N88'OI'48"E 50 100 GRAPHIC SCALE Legel Description The West 8,00 feet of the Eoste'ly 33,00 feet of Lot 12, Edison Villoge, os recorded in Plot Book 43, pages 76 through 77 of the Public Records of Collier County, rlorida, being more particularly described os follow~. Commencing at the southeast corner of said Lot 12, said point also being the intersection of the northerly right-ot-way line 01 lely Cultural Parkway and the westerlyright-of"':way line of Comer Boulevord; thence South 88'08'31" West, along said northerly right of way line, 0 distance 01 25,03 feet to the POINT or BEGINNING; thence continue South 88'08'31" West, along said line, 0 distance of' 8.01 feet; thence leaving said line North 00'50'44" Eost, 0 distonce of 204,04 feet to the no'therly line of soid lot 12; thence North 88'01'48" East, olong said northerly line, a distance of 8.01 feet: thence leaving said line South 00'50'44" West, a distance of 204.05 feet to the POINT OF' BEGINNING, Containing 1,6.32 square feet, more or Jess. NOTES: 1. This is not a survey. 2. Basis of bearing is 'the West line of County Rood 951 (CR. 951) being N 00'50'44" E:, Florida State Plane Coordinates NAD 83/90, East Zone, 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Oimtmsions are in feet, and dee/mols thereof. 6. Certificate of authorization LB 43. 7, R/W represents Right-of-Way. 8, P.O.B, represents Point of Beginning, 9. P.O.C. represents' Point of Commencemen 10. O.R. represents Officio/' Records. 11. L.B.E. represents Landscape Buffer Easement. 12. V.E. represents Utility Easement 13. F.P.L.E. represents Florida . Power &' Light Easement.. . 1.4. D.E. represents Drainage Easement. 75. S,E, represents Sidewalk Easement. 16., P. U.E. represents Public Utility Easement. , f ,.!J.J/ ! J:~. ~ I ; ,f;: ~ (f lJ ,:'., . ,~i C", ,,-- ( "ot4 ;,I'!:.ol . .:: lrj J": ;;.:; ~~. r. P: .M". (Ff!ft.,':r@rf(lM) FLA LIC. N , 58:34- "'."; - , ~ ". ~~' NOT VALID WITHOUTt'T'fF .SIGNI';rYRE: AND THE ORiGINAL RAISED SEAL TOFI r".r'Fi.ORIDA LICENSED SURVEYOR AND MAPPE:R 'C''''''' ' This is NOT a Survey. E., WlI,.Miller -"'='=-=.- ,.,..,.,..~..........,..,...~oWIIIooII.~~ -.... ......,.......-_.~,........".,........'" ......................- -- Hllt IHIII' N6015-S0U-001 709 Of' X Mar 09, 2006 - 10:22:01 TOSBORNEIX:\SUR\coJlier blvd\CH2MHill\ lC-4t\LELY CULTURAl PARKWAY-LONECREEK DRIVLdw9 - INDIX Hllt lC-41 IllVl bxhlkJ\t- B P5' \ of if PROJECT: 60001 PARCEL: 709 FOLIO: 30806000287 TEMPORARY CONSTRUCTION EASEMENT This Easement granted this _ day of , 20_. by, REGIONS BANK, an Alabama state banking corporation. successor by merger to AMSOUTH BANK, an Alabama state bank whose mailing address is 250 Riverchase Parkway, Suite 600, Birmingham, Alabama 35244, (hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include aU the parties to this instrument and the heirs, legal representatives and assigns of all individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee. receipt of lNhich is hereby acknowledged and subject to those terms contained on Exhibit 'S" attached hereto and made a part hereof. hereby conveys, grants. bargains and sells to the Grantee, a Temporary Construction Easement to enter upon the lands described as follows: SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference, for the purpose of constructing public facilities in this area. Except as provided below, this Temporary Construction Easement shall expire on October 1 2009. If the construction of the public facilities is not complete by October 1. 2009 then the Grantee may extend the Temporary Construction Easement for one (1) year (until October 1, 2010) by recording a Notice of Time Extension in the Public Records of Collier County, Florida. If the Grantee shall extend the completion of the public facnities, Grantee shall first notify the Grantor in writing at the address listed above. Upon the completion of the public facilities, the Grantee shall restore the surface of the temporary construction easement area to its pre..existing condition. IN WITNESS WHEREOF. the Grantor has caused these presents to be executed the date and year first above written. AS TO GRANTOR: REGIONS BANK, an Alabama state banking corporation By: 8;<-hl hIt B f3' d- Oey STATE OF ALABAMA COUNTY OF JEFFERSON as acknowledged before me this #. d. af> of1:;,'''''"1 2008, by r"'", the 11". V. of REGIONS BANK , an Ala ama stat banking corporation who: ~ is personally known to me OR _ has produced as proof of identity. (affix notarial seal) /" Serial I Commission # (if any): My Commission Expires: IO/Z.~ 1lY1 { I Approved as to form and Legal sufficiency: Ellen T.Chadwel1 Assistant County Attorney 2 -,_._- EXHlBITLlL "----Lo1T , , , , , , , I LOT 10 ILl..;..... ~........ ~6tb 'o~ 7.OJVl ~5~ 8o..Cl. , , , , , 25' L.8.E.---l &: D.E. : , , , , , I, , , , , 1-' , ' l4 ' LOT 1\ lOT 12 , I , ~, 0, " gl ~ I.oJ ,3:: b '.. ""IU) .,. '-1 b ~ ~I g b b' a a' z ~, 25' LB.E. & O.E. " a . a N PARCEL -~--709---- w 4 N ~- Cl ~s so '00 CRAPHIC SCAlE ro m I "' 0,. ~'- a"' > . ~ro mN "' w OJ ~ " o , , 7'5.E. I O.R. 8ook2124 Poge 160 , , 25' 8' I m E^hlblt I3 P3' 3 o-C'Lf Parcel 709 I ([ :0 I ~~ I ~lr I : 1\~ i ( LINE l39 l40 LINE TABLE LENGTH 6.01 8.01 legal Description The West 8.00 feel of the Easterly JJ.OO feet of Lot 12, EdisonVilloge,os recorded in Plot Book 4.3, pages 76 through 77 of the Public Rl'!cordsof Collier County, Florida, being more particularly described os follows. Commencing ot the sO\Jtheost corner of said Lot 12,$oid point olso being the intersection of the northerly ri9M-ol-way line of Lely Cultural Parkway and the westerly right-ol-woy line of COll,er Boulevard; thence South 88"08'31" West, alon<;) said northerly ri9ht of way line, 0 distonce of 25.03 feet to the POINT or BEGINNING; thence continue South 88"08'31~ West, olong said line, 0 dislonce of 8,01 feet: thence leaving soid line North Ocr50'44K Eost, 0 distonce of 204.04 feet to the northerly line of soid lot 12; lhenceNorth 88'01'48" East. 0lan9 said narlherly line, 0 distance Of B.01 reet: thence leav;n9 said line South Ocr50'44K West, odistonce of 204,05 feet to the POINT OF BEGINNING. Containing 1,632 square feet, more or less. NOTF;S: ,. This is not a survey. 2. Basis of bearing is the West line of COunty Rood 95' . (C.R. 951) being N Q(f50'44~ E, Florida State Plane Coordinates NAD 83/90, Eos/ Zone. J. Subject to eosemenb, reservations and restrictions of record. 4. Easements shown herean are per plot unless otherwise naled. S. DimlJnsians are in fe-et and decimals thereof. . 6. Certificate 'of authorization LB 4J. 7. R/W repruents Righl--of-Woy. 8. P,O.B. represents Point of Beginning. 9. P.O.C. represents Paint of Cammencemen fO. O.R. reprlJSents Omcial-Rftf:ards. 11. ('8.E. represents Landscape Buffer Casement. 12. V.E. feptesents Utility EasemlJnt. lJ. F.P.L.E. represents Florida-Power .1: Light Easement.. _, 14. D.E, repressn/:; Drainage Easement. IS. SE represents, Sidewalk Easement 16. P.U.E. represents Publjc Utility Easement. .c' :(:U,?_..JI'.. i if. .., I:. ,r' 3:J. :..~ ~ Jrn'f ji:/- VA",O J, H ,P, -/1F.r!ff,nf/ rfiM) FLA LlC. N. .58~4v ,.1) .~,'. "10' NOT VALID WlTHOUl') T~'.SIG~WkE AND THE ORIGINAL RA/Sm Se:Al:''OF7~.rrtORlDA LICENSED SURVEYOR AND MAPPER"f'....- POC 25.03. SSS.08',WW POB CULTURAL PARKWAY t 20' R/W BEARING S88"08'Jl~W N88'Ol'48~E Thb is NOT a Survey. WiI.,Miller -.."...,.=. -.-.-.........'--......-"-- ~,bo t.lo'09. 2()()5 - 10:22'01 rOSRORt-lElx\SuR'\collio, blvd\CH2t.lHilf\1C-~I\LELY CUltURAL PAAKWAY-lOt-lECREEK ORM.d"9 "'" El<J"1 b d- B \':)' Li 0[.' Y Exhibit "B" This Easement shall not include the right to stage or otherwise store any material and/or equipment on Grantor's property or within the temporary construction easement area. Grantee hereby agrees to restore, at Grantee's expense, the temporary construction easement area and/or Grantor's property 10 the condition existing on the date hereof whenever said property shall de disturbed by Grantee as a result of this easement. Grantee shall indemnify, defend and hold Grantor harmless from and against any and all damages and/or liability incurred by Grantor resulting from or incidental to Grantee's use of the temporary construction easement area. Grantee shall ensure that Grantor has reasonable access to its property for ingress and egress throughout the period of Grantee's use of the temporary construction easement area.